The Archives

Everything written by Herbert Hovenkamp on law, economics, and more

Herbert Hovenkamp

Herbert Hovenkamp is James G. Dinan University Professor at the University of Pennsylvania Carey Law School and the Wharton School of the University of Pennsylvania. Prior to that, he held the Ben and Dorothy Willie Chair at the University of Iowa College of Law.

Before coming to Iowa, he was professor of law at the University of California's Hastings College of the Law, and prior to that was instructor in the Department of History and American Civilization at the University of Texas. He is a fellow of the American Academy of Arts and Sciences, and in 2008 won the U.S. Justice Department’s John Sherman Award for his lifetime contributions to antitrust law.

Hovenkamp graduated from Calvin College in 1969. He then did graduate study at the University of Texas at Austin, receiving an M.A. in American literature in 1971 and a Ph.D. in American civilization in 1976. He also attended the University of Texas School of Law, receiving a Juris Doctor degree in 1978.

Posts

Hovenkamp: The Draft Vertical Merger Guidelines Are an Important Step for the Economic Analysis of Mergers

Herbert Hovenkamp Feb 06, 2020

In its 2019 AT&T/Time-Warner merger decision the D.C. Circuit Court of Appeals mentioned something that antitrust enforcers have known for years: We need a new set of Agency Guidelines for vertical mergers. The vertical merger Guidelines were last revised in 1984 at the height of Chicago School hostility toward harsh antitrust treatment of vertical restraints. ... Hovenkamp: The Draft Vertical Merger Guidelines Are an Important Step for the Economic Analysis of Mergers

AntitrustDOJEfficiencies

Herbert Hovenkamp on Revising the Merger Guidelines

Herbert Hovenkamp Oct 27, 2009

Yes, the Merger Guidelines should be revised; in particular: a.  The discussion of concentration thresholds for collusion facilitating mergers must be aligned more closely with both recent case law and actual enforcement practices; otherwise they fail to provide guidance.  The current Guidelines indicate that concentrations greater than 1800 HHI and a post-merger increase exceeding 100HHI ... Herbert Hovenkamp on Revising the Merger Guidelines

AntitrustMarket DefinitionMergers & Merger Enforcement

Section 2 Symposium: Herbert Hovenkamp on Patents and Exclusionary Practices

Herbert Hovenkamp May 06, 2009

One interesting aspect of the DOJ Report on Section 2 is the scant, episodic treatment of IP issues. The Report rejects the presumption of market power for patent ties (p. 81); has a very brief discussion of refusal to license patented parts in which it properly rejects the reasoning of the Ninth Circuit’s Kodak decision ... Section 2 Symposium: Herbert Hovenkamp on Patents and Exclusionary Practices

AntitrustCommon LawDOJ

Section 2 Symposium: Herbert Hovenkamp on Predatory Pricing and Bundled Discounts

Herbert Hovenkamp May 06, 2009

The baseline for testing predatory pricing in the Section 2 Report is average avoidable cost (AAC), together with recoupment as a structural test (Report, p. 65). The AAC test or reasonably close variations, such as average variable cost or short-run marginal cost, seems about right. However, differences among them can become very technical and fine. ... Section 2 Symposium: Herbert Hovenkamp on Predatory Pricing and Bundled Discounts

AntitrustExclusionary ConductMarket Definition